Joint and Several Debt Liability

The right to seek payment from several people for one claim does not automatically arise from every jointly signed document. Joint and several liability needs a contractual or statutory basis. Each person's capacity, the debt's scope, and earlier payments must be examined together.

The Basis and Limits of Liability

Under Articles 162 et seq. of the Turkish Code of Obligations, a joint and several obligation must exist before the entire debt may be demanded from each debtor. Liability in shares, suretyship, and company shareholding differ. Company debt must particularly be distinguished from a shareholder's personal debt. The performance and amount assumed matter as well as names and signatures.

Payment and Defences Against the Creditor

Pursuing one or several debtors does not allow multiple recovery of the total claim. Payments must reduce the balance. One debtor's personal defence may differ from defences concerning the shared debt. The effect on others of release, settlement, or extinguishment must be identified separately.

The Internal Relationship Between Debtors

Whether a person paying the whole can pursue others, and for how much, depends on the internal relationship. External liability for the whole does not always mean equal internal shares. The common agreement, fault, benefit, and special statutes must be examined. We assess liability towards the creditor first and post-payment accounting separately in tables.

Documents That May Be Prepared for the Initial Review

• The signed contract and liability clauses
• Documents showing parties' capacities and authority
• Collections from every debtor
• Release or settlement agreements

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.